All FocusPapers
As highly regarded experts in their fields, the team at Addisons are regularly called upon to write for a variety of publications or speak on particular areas of law in the media. We understand the importance to our clients of having regular access to articles outlining the current legal issues affecting their businesses.
We have therefore created the Addisons FocusPapers, where you will find recent articles, publications and newsletters written by our team on particular practice areas and specialisations.
Race fields fees based on 1.5% of turnover: All bets are off? - NSW Race Fields Legislation - Constitutional Challenge by Betfair and Sportsbet - Round 1
16 June 2010
Author: Jamie Nettleton, Partner
Practice area: Gambling
Today's Federal Court decisions in the fiercely contested matters of Betfair v Racing New South Wales & Anor and Sportsbet v State of New South Wales & Ors are milestones in the ongoing dispute between wagering operators and Australian racing control bodies concerning the manner in which race fields fees can be imposed validly.
Conversion and Detinue - Caution!
10 June 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Bunnings was found liable in conversion and detinue for its use of Chep pallets. Damages of over $10 million plus interest. Continued use of goods in the face of demands without attempts to ascertain ownership is risky, and may result in liability for damages at market hire rates.
The ACCC's Tough New Stance on Merger Clearance
7 June 2010
Author: Laura Hartley, Partner
Practice area: Competition, Trade Practices & Regulatory
The ACCC is increasingly identifying concerns with mergers or acquisitions which have a substantial impact on competition in a local or regional market. A recent example is the ACCC's consideration of Murray Goulburn's (MG) proposed acquisition of Warrnambool Cheese and Butter Factory Company (Warrnambool), which resulted in MG's withdrawal of its request for merger clearance on 2 June 2010. This paper summarises the key competition concerns raised by the ACCC in its consideration of MG's proposed acquisition of Warrnambool and identifies recent amendments to the mergers provisions of the Trade Practices Act 1974 (Cth) (TPA) that may increase the ACCC's scrutiny of acquisitions that impact on competition in local and regional markets in the future.
Continuous Disclosure - when, what and how? - the text of a speech delivered to the Chartered Secretaries Australia Conference on 1 June 2010 by David P. Selig
2 June 2010
Author: David P. Selig, Partner
Practice area: Corporate, Mergers & Acquisitions
Continuous disclosure is one of the most important elements underpinning the integrity and orderly conduct of public equity markets. Whilst always being an important area of compliance, continuous disclosure seems to have received increased attention over the past twelve months, since the James Hardie and the Fortescue Metals decisions and the effects of the Global Financial Crisis. A number of listed companies have also recently received ASX "aware letters". The personal liability issues associated with a failure to satisfy continuous disclosure obligations have the ability, at best, to seriously distract a company's board and management from the primary demands of running a business, and at worst, are likely to be extremely damaging to the balance sheet of the company and the reputations of its board and senior management.
Caveats - scope, and unstamped instruments
31 May 2010
Author: Philip Stern
Practice area: Insolvency & Corporate Reconstruction
The Court declined to extend a caveat which affected an area much greater than the caveatable interest, and unduly restricted the registered proprietor.
Direct Selling/Multi-Level Marketing - How will Phase 2 of the Proposed Australian Consumer Law Reforms Affect Your Business?
17 May 2010
Author: Jamie Nettleton, Partner, Laura Hartly, Partner and Andrew Dawson, Special Counsel
Practice areas: Competition, Trade Practices & Regulatory and Marketing & Advertising
Australian direct selling organisations (DSOs) are likely to be impacted significantly if the changes proposed by the Trade Practices Amendment (Australian Consumer Law) Bill (No. 2) 2010 (ACL) become law. Of particular concern are the provisions targeting door-to-door selling, telephone sales and other forms of direct selling which do not take place in a retail context.
Insolvency - When is a Creditor Compromise Deed of Company Arrangement Ineffective?
5 May 2010
Author: Philip Stern, Partner
Practice area: Insolvency & Corporate Reconstruction
Pursuant to s447A of the Corporations Act 2001 ("Act"), a deed of company arrangement ("DOCA") which had terminated by performance was set aside. The DOCA was found to be against the interests of the unsecured creditors, and oppressive, as unsecured creditors received no distribution after the administrator's fees were paid.
Strata-Titled Properties - When Use of a Building Name Can Infringe Registered Trade Marks - The Mantra Decision
3 May 2010
Author: Martin O'Connor, Partner
Practice area: Intellectual Property & eCommerce
The 26 March 2010 decision of the Federal Court of Australia in Mantra Group Pty Ltd v Tailly Pty Ltd (No 2) [2010] FCA 291 (Mantra Case) demonstrates the importance of property developers and managers having registered trade marks. The Mantra Case is also important for brand owners in general, as it demonstrates the circumstances in which a domain name registration incorporating a trade mark can constitute trade mark infringement.
Sound-alikes: How close to the sun can you fly following the Kookaburra Case?
30 April 2010
Author: Jamie Nettleton, Partner and Andrew Dawson, Special Counsel
Practice area: Intellectual Property & eCommerce
Can you use two bars of music without permission? While the question may seem straight-forward, the answer following the Federal Court's decision of Larrikin Music Publishing Pty Ltd v EMI Songs Publishing Pty Ltd [2010] FCA 29 ("Kookaburra Case") is not. Consider, for instance, the famous opening song of Star Wars. The first two bars are easily one of the most recognisable melodies. It invokes various emotions of heroism, adventure and exciting galactic voyages. Indeed, the use of it would most likely constitute an infringement of copyright law. However, if you slightly tweak this piece of music, does it still infringe copyright? If not, how far do you need to tweak it until you are safe?
The New Resale Royalty for Artists - Recent Steps Toward the Implementation and Administration of the Resale Royalty Scheme for Visual Artists Set to Commence on 9 June 2010
22 April 2010
Author: Karen Hayne, Partner
Practice area: Intellectual Property & eCommerce
From 9 June 2010, Australia will have in place a Resale Royalty Scheme for Visual Artists pursuant to the provisions of the recently enacted Resale Royalty Right for Visual Artists Act 2009 (Cth).
Phase 1 of the Australian Consumer Law reform process begins!
16 April 2010
Author: Laura Hartley, Partner and Jamie Nettleton, Partner
Practice areas: Competition, Trade Practices & Regulatory and Marketing & Advertising
* New civil penalties and enforcement powers for the ACCC and ASIC significantly change the regulatory environment for Australian businesses as phase 1 of the Australian Consumer Law (ACL) reform process began 15 April 2010. * Unfair consumer contract provisions to take effect from 1 July 2010. * Phase 2 of the Australian Consumer Law reform process is expected to commence on 1 January 2011.
Duties of Directors - A Practical Guide
29 March 2010
Author: Jeff Mansfield, Partner, Michael Ryan, Partner and David P. Selig, Partner
Practice area: Corporate, Mergers & Acquisitions
The Partners of Addisons are pleased to present "Duties of Directors - A Practical Guide", providing an overview of the various obligations and responsibilities imposed on Directors of Australian companies. This Guide is intended to assist both newly appointed and long term Directors, as well as those considering an appointment as a Director.
Australia - Copyright in Databases and Compilations - The Telstra Telephone Directories Case
23 March 2010
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
The February 2010 decision of the Federal Court in Telstra Corporation Limited & Anor v Phone Directories Company Pty Ltd & Ors [2010] FCA 44 (Telstra Directories Case) raises significant obstacles to any party seeking to establish copyright in databases compiled from factual information.
Marketing Law - Australia - Online Seller Beware - ACCC Targets "Drop Shipping" Practices
12 March 2010
Author: Hayden Martin, Senior Associate
Practice area: Intellectual Property & eCommerce
A recent decision of the Federal Court of Australia in the case of ACCC v Ozdirect Online Brands Pty Ltd illustrates how a seller of goods over the Internet using "drop shipping" may fall foul of the consumer protection provisions of the Trade Practices Act (TPA). In this case, the seller, Ozdirect, and its director were banned from engaging in certain online selling practices for 5 years.
Australia - Trade Marks - Protecting Intellectual Property: Seizure by Australian Customs of Goods that Infringe Australian Trade Marks
9 March 2010
Author: Jamie Nettleton, Partner
Practice area: Intellectual Property & eCommerce
Counterfeit goods are becoming available increasingly in many jurisdictions around the globe, including Australia, thereby depriving rights owners of significant income derived from their creative endeavours. In many circumstances, goods are brought into Australia without regard to Australian intellectual property rights. For Australian trade mark owners, a simple procedure is available under the Trade Marks Act which provides a practical and useful avenue to protect their trade marks. This involves working with the Australian Customs Service (Customs) to seize potentially infringing goods upon importation.